Land Rights﹝05-62﹞
Criteria for Assessment of Compensation for Expropriated Agricultural ImprovementsCH
Criteria for Assessment of Compensation for Expropriated Agricultural ImprovementsCH
Promulgated Date2001/02/20
Amended Date2011/08/31
Law ContentPromulgated per letter of Ministry of the Interior No. Tai-Nei-Di-Zi-9060327 dated February 20, 2001
Amended per letter of Ministry of the Interior No. Tai-Nei-Di-Zi-9068475 dated March 7, 2001
Point 7 amended per letter of Ministry of the Interior No. Tai-Nei-Di-Zi-1000169689 dated August 31, 2011
1. These Criteria are set forth in accordance with Paragraph 3, Article 31 of the Land Expropriation Act (referred to as “the Act” hereunder).
2. The term “agricultural improvement” in these Criteria refers to fruit plants, tea plants, bamboo plants, ornamental plants, planted trees and other crops.
3. Compensations for expropriated agricultural improvements are assessed as follows:
(1) Fruit plants, tea plants and bamboo:
a. Unit values of compensation are classified into different classes and determined based on the growing or fruit bearing habit of the crop, and a maximum number of plants per unit area is set for the purpose of compensation assessment.
b. For densely planted tree seedlings that are difficult to count, compensation will be assessed by area.
(2) Ornamental plants:
a. For palm, cypress, trees, shrubs, climbers and vines, and shaped trees, unit values of different classes are determined based on height or diameter, and a maximum number of plants per unit area is set for the purpose of compensation assessment. For densely planted tree seedlings that are difficult to count, compensation will be assessed by area.
b. For herbaceous ornamentals, compensation is assessed based on unit area value.
c. For ornamental plants that were transplanted within one year before the public announcement of land expropriation, the plants will be treated as “very young” for the purpose of compensation assessment; for ornamental plants that were transplanted within one to two years before the public announcement of land expropriation, the plants will be treated as “young” for the purpose of compensation assessment.
(3) Planted trees
a. For planted trees with no utilization value, compensation will be assessed based on the cost of forestation. The standards for cost of forestation shall follow the latest unit value publicly announced by the local forestry authority at the time of assessment.
b. For planted trees with utilization value, compensation will be assessed based on net realizable value, that is, the market value of lumber at the time of assessment less necessary production costs (logging and transport) on a case-by-case basis.
(4) For other agricultural improvements, compensation will be assessed based on the unit area harvest value.
The types, classes, quantities, planting area, specifications and unit value of compensation of agricultural improvements mentioned in the preceding paragraph are depicted in the tables below.
4. Where an agricultural improvement involves mixed species planting, first calculate the planted area required for the actual number of plants with the most favorable unit value planted, and then deduct it from the total area of mixed species planting. If there is any remaining area, compensation for the remaining area will be assessed based on the number of plants with the second most favorable unit value according to the established rule; any excess quantity of plants will not be compensated.
5. With respect to the determination of age of agricultural improvement, for plants that continue to growth after sowing without being transplanted, the age count starts from the time of sowing; for plants that are routinely transplanted after sowing, the age count starts from the time the plant is transplanted to the expropriated land.
6. When the species of agricultural improvement are apparently incongruent with normal plantation, the incongruent part will not be compensated.
7. Unless it is otherwise provided in these Criteria, the quantity of agricultural improvement will be determined based on field assessment. Notwithstanding the foregoing, when the number of plants per unit area exceeds the maximum number of plants per unit area set for the species, the excess quantity will not be compensated.
8. When the municipal or county (city) government has question over the time of planting or transplant for agricultural improvements on the expropriated land, the landowner shall provide an affidavit, undertaking the actual time the plant was first planted or transplanted on the expropriated land.
9. The ownership of expropriated agricultural improvements that have been fully compensated shall belong to the land use applicant.
10. For agricultural improvements that are planted under special circumstances or of special type or species, the municipal or county (city) government may look into the actual local conditions for the assessment of compensation. If there is difficulty in making an assessment or dispute arises in connection with the assessment of compensation, the municipal or county (city) government may engage a reputable professional institution to conduct assessment and submit the result to the Land Value Evaluation Committee for determination. The professional service fee thereof shall be borne by the land use applicant.
11. Municipal or county (city) governments should set their own criteria as basis for assessment of compensation for expropriated agricultural improvements in the municipality or county (city) in accordance with these Criteria and in consideration of the local conditions, and submit the criteria to the Land Value Evaluation Committee for determination. For additional or revised compensation items, the municipal or county (city) government should also submit the reasons for the addition or revision and the method for compensation assessment to the Land Value Evaluation Committee for determination.
Amended per letter of Ministry of the Interior No. Tai-Nei-Di-Zi-9068475 dated March 7, 2001
Point 7 amended per letter of Ministry of the Interior No. Tai-Nei-Di-Zi-1000169689 dated August 31, 2011
1. These Criteria are set forth in accordance with Paragraph 3, Article 31 of the Land Expropriation Act (referred to as “the Act” hereunder).
2. The term “agricultural improvement” in these Criteria refers to fruit plants, tea plants, bamboo plants, ornamental plants, planted trees and other crops.
3. Compensations for expropriated agricultural improvements are assessed as follows:
(1) Fruit plants, tea plants and bamboo:
a. Unit values of compensation are classified into different classes and determined based on the growing or fruit bearing habit of the crop, and a maximum number of plants per unit area is set for the purpose of compensation assessment.
b. For densely planted tree seedlings that are difficult to count, compensation will be assessed by area.
(2) Ornamental plants:
a. For palm, cypress, trees, shrubs, climbers and vines, and shaped trees, unit values of different classes are determined based on height or diameter, and a maximum number of plants per unit area is set for the purpose of compensation assessment. For densely planted tree seedlings that are difficult to count, compensation will be assessed by area.
b. For herbaceous ornamentals, compensation is assessed based on unit area value.
c. For ornamental plants that were transplanted within one year before the public announcement of land expropriation, the plants will be treated as “very young” for the purpose of compensation assessment; for ornamental plants that were transplanted within one to two years before the public announcement of land expropriation, the plants will be treated as “young” for the purpose of compensation assessment.
(3) Planted trees
a. For planted trees with no utilization value, compensation will be assessed based on the cost of forestation. The standards for cost of forestation shall follow the latest unit value publicly announced by the local forestry authority at the time of assessment.
b. For planted trees with utilization value, compensation will be assessed based on net realizable value, that is, the market value of lumber at the time of assessment less necessary production costs (logging and transport) on a case-by-case basis.
(4) For other agricultural improvements, compensation will be assessed based on the unit area harvest value.
The types, classes, quantities, planting area, specifications and unit value of compensation of agricultural improvements mentioned in the preceding paragraph are depicted in the tables below.
4. Where an agricultural improvement involves mixed species planting, first calculate the planted area required for the actual number of plants with the most favorable unit value planted, and then deduct it from the total area of mixed species planting. If there is any remaining area, compensation for the remaining area will be assessed based on the number of plants with the second most favorable unit value according to the established rule; any excess quantity of plants will not be compensated.
5. With respect to the determination of age of agricultural improvement, for plants that continue to growth after sowing without being transplanted, the age count starts from the time of sowing; for plants that are routinely transplanted after sowing, the age count starts from the time the plant is transplanted to the expropriated land.
6. When the species of agricultural improvement are apparently incongruent with normal plantation, the incongruent part will not be compensated.
7. Unless it is otherwise provided in these Criteria, the quantity of agricultural improvement will be determined based on field assessment. Notwithstanding the foregoing, when the number of plants per unit area exceeds the maximum number of plants per unit area set for the species, the excess quantity will not be compensated.
8. When the municipal or county (city) government has question over the time of planting or transplant for agricultural improvements on the expropriated land, the landowner shall provide an affidavit, undertaking the actual time the plant was first planted or transplanted on the expropriated land.
9. The ownership of expropriated agricultural improvements that have been fully compensated shall belong to the land use applicant.
10. For agricultural improvements that are planted under special circumstances or of special type or species, the municipal or county (city) government may look into the actual local conditions for the assessment of compensation. If there is difficulty in making an assessment or dispute arises in connection with the assessment of compensation, the municipal or county (city) government may engage a reputable professional institution to conduct assessment and submit the result to the Land Value Evaluation Committee for determination. The professional service fee thereof shall be borne by the land use applicant.
11. Municipal or county (city) governments should set their own criteria as basis for assessment of compensation for expropriated agricultural improvements in the municipality or county (city) in accordance with these Criteria and in consideration of the local conditions, and submit the criteria to the Land Value Evaluation Committee for determination. For additional or revised compensation items, the municipal or county (city) government should also submit the reasons for the addition or revision and the method for compensation assessment to the Land Value Evaluation Committee for determination.
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